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Indonesia: Three indigenous Papuans illegally detained after distributing statements on the street

Asian Human Rights Commission Urgent Appeal - July 7, 2017

Urgent Appeal Case: AHRC-UAC-072-2017

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from a local partner about the arbitrary arrest and detention of three indigenous Papuans in Nabire, Papua province, Indonesia. Three indigenous Papuans, who are members of the National Committee for West Papua (KNPB), are illegally detained in the Nabire Police Office (Polres Nabire) without clear reason and proper investigation. This is a serious violation of the Indonesian Criminal Procedure Code (KUHAP), under which nobody can be arrested or detained without clear reason and proper investigation. The continued human rights violations in Papua, particularly by police officers and other government officials prove that the Indonesian government has yet to seriously guarantee positive change in Papua. Severe restrictions continue to be imposed on expression of concerns and opinions in public arenas.

Case narrative:

On Friday, 30 June 2017, the KNPB discussed an event to be held on July 1. Subsequently, on July 1 at 8:15 a.m., before the event, KNPB and its members prepared a list of members who will distribute printed statements in Nabire. At 9:20 a.m., all the members left the secretariat and went to the street to distribute the statements.

After the distribution, all the members came back to the secretariat, and they informed that nothing happened while they were giving out the statements on the street. However, then they realized that one of the members, Mr. Yanto Waine, had not yet returned. They went to search for Yanto's whereabouts, and two days later, on July 3, they got information that Yanto was arrested while distributing printed statements on the street.

After learning that Yanto Waine was detained in Nabire Police Office (Polres Nabire), on July 4, at 12 noon, around 30 KNPB members went to the police office and requested to the police to release Yanto, who had been illegally detained for four days since July 1. Finally, at 3 p.m., the KNPB members were forced to leave the police office and move to the main road, while two members, Mr. Andi Ekapiya Yeimo and Mr. Samuel Kobepa were detained.

At 4 p.m., the members waiting on the road were invited by the police officers to the police office's front yard, where a police officer explained that Yanto Waine, Andi Ekapiya Yeimo and Samuel Kobepa will be released in the evening or maybe on July 5. After that, one of the KNPB members stated that, "If you do not release them, then tomorrow we will be coming back." In response, one police officer stated, "Up to you, whether you will be coming alone or you will bring more people." Finally, the KNPB members left the Nabire Police office. At the time of writing, the three KNPB members are still detained at the police office.

Additional information:

As a state party to the International Covenant on Civil and Political Rights (ICCPR), and by the enactment of Law Number 12 of 2005, the Indonesian government is obligated to respect and obey the Covenant. Article 9, paragraph 2 states: "Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him." Furthermore, Article 19, paragraph 2 requires that "Everyone shall have the right to freedom of expression (......)."

Suggested action:

Please write to the authorities listed below, asking them to ensure that local indigenous Papuans are entitled to enjoy the right to freedom of expression and opinion. The government should guarantee such rights and stop any illegal action against local indigenous Papuans. The three detained Papuans should be immediately released, and a proper investigation conducted into the behavior of the responsible police officers.

The AHRC will write a separate letter to the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Working Group on Arbitrary Detention calling for their intervention into this matter.

To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-072-2017


Sample letter:

Dear....................,

Indonesia: Three indigenous Papuans illegally detained after distributing statements on the street

I am writing to voice my deep concern regarding the arbitrary arrest and detention of three indigenous Papuans in Nabire, Papua province, Indonesia. Three indigenous Papuans, who are members of the National Committee for West Papua (KNPB), are illegally detained in the Nabire Police Office (Polres Nabire) without clear reason and proper investigation. This is a serious violation of the Indonesian Criminal Procedure Code (KUHAP), under which nobody can be arrested or detained without clear reason and proper investigation. The continued human rights violations in Papua, particularly by police officers and other government officials prove that the Indonesian government has yet to seriously guarantee positive change in Papua. Severe restrictions continue to be imposed on expression of concerns and opinions in public arenas.

On Friday, 30 June 2017, the KNPB discussed an event to be held on July 1. Subsequently, on July 1 at 8:15 a.m., before the event, KNPB and its members prepared a list of members who will distribute printed statements in Nabire. At 9:20 a.m., all the members left the secretariat and went to the street to distribute the statements.

After the distribution, all the members came back to the secretariat, and they informed that nothing happened while they were giving out the statements on the street. However, then they realized that one of the members, Mr. Yanto Waine, had not yet returned. They went to search for Yanto's whereabouts, and two days later, on July 3, they got information that Yanto was arrested while distributing printed statements on the street.

After learning that Yanto Waine was detained in Nabire Police Office (Polres Nabire), on July 4, at 12 noon, around 30 KNPB members went to the police office and requested to the police to release Yanto, who had been illegally detained for four days since July 1. Finally, at 3 p.m., the KNPB members were forced to leave the police office and move to the main road, while two members, Mr. Andi Ekapiya Yeimo and Mr. Samuel Kobepa were detained.

At 4 p.m., the members waiting on the road were invited by the police officers to the police office's front yard, where a police officer explained that Yanto Waine, Andi Ekapiya Yeimo and Samuel Kobepa will be released in the evening or maybe on July 5. After that, one of the KNPB members stated that, "If you do not release them, then tomorrow we will be coming back." In response, one police officer stated, "Up to you, whether you will be coming alone or you will bring more people." Finally, the KNPB members left the Nabire Police office. At the time of writing, the three KNPB members are still detained at the police office.

As a state party to the International Covenant on Civil and Political Rights (ICCPR), and by the enactment of Law Number 12 of 2005, the Indonesian government is obligated to respect and obey the Covenant. Article 9, paragraph 2 states: "Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him." Furthermore, Article 19, paragraph 2 requires that "Everyone shall have the right to freedom of expression (......)."

Therefore, I respectfully request you to ensure local indigenous Papuans are entitled to enjoy the right to freedom of expression and opinion. The government should guarantee such rights and stop any illegal action against local indigenous Papuans. The three detained Papuans should be immediately released, and a proper investigation conducted into the behavior of the responsible police officers.

I look forward to your prompt action in this matter.

Yours Sincerely,

...................

Please send your letters to:

1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id

2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6 7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095

3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6 7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095

4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id

6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05

7. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp: +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax: +62 21 5715566

8. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551/+62 21 29681557

9. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-072-2017).

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